Study On The Legal Right Of Food Safety

Food safety problem is a major theoretical and practical problem. However,there lacks a basic food safety concept to review and guide the food safety law system, namely the legal right of food safety. "Food Safety Law" promulgated in2009, had not made provision for the legal right of food safety. Until today, the concept of the legal right of food safety just stays at the level of legal theory. The concept of the legal right of food safety is proposed, but not justified yet.Justification of the legal right of food safety is a great and new topic for authorities.Food safety contents both the right and power of food safety, discuss and study the right of food safety without the power of food safety is not rigorous, and discuss and study the power of food safety without the right of food safety is not rigorous or appropriate although. The right and power both together make the right and power of food safety a legal right in nature. It’s appropriate to use the paradigm of legal right analysis to study the legal right of food safety, according to the legal right natue of food safety. Unlike the general paradigm of right and obligation, the paradigm of legal right analysis take right and power as the analytical framework. The paradigm of legal right analysis which respecets the phenomenon of right and power more widespread than the phenomenon of right and obligation in reality, advocates the overall interest as the highest interest above the individual inerest represented by right and the public interest represented by power.Therefore, in order to protect the right of food consumers and the right of food producers and traders, to ensure the proper use of government power, and to insure food safety, it’s important and necessary to establish the legal right of food safety,theoretically and practically.